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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, JANUARY 10, 2011

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were:  Toby Stauffer, and Rob Helmick, Planning Department; Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget, and Land Use Code.  Kay Johnson, George Burnette, Jean Carter, Neal Spencer, Don Voss, Reid Pope, Allen Stodwin, Valerie Raycroft, Paul Pellegrino, Eric Carter, Matt Martindale, Kyle Maltby, Dale Dirks, Rick Hammond, John Cooper, and Randy Pope all addressed the Board in support of Mr. Pope’s business.  They also asked that the Board reconsider the revocation of the Pope Special Review for the event center citing incorrect information given at the previous hearing, financial hardships for the Pope family, the high quality of the facility (including handicap accessibility), and the consequential negative economic impacts to Larimer County small businesses.

 

Chair Donnelly closed public comment and explained that the following item is on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         NORTHFIELD CONSERVATION DEVELOPMENT, FILE #10-S2997:   This is a request for approval of a preliminary plat for a three lot conservation development on 39.3 acres, creating two lots of 2.9 acres and a residual lot of 33 acres.  This is also an appeal to Section 8.14.4.D of the Land Use Code which requires all utilities to be placed underground.  The site is currently farmed and contains a single family dwelling, constructed approximately 6 years ago.  The existing home will remain on the residual land within a 2 acre building envelop and the two new lots will occupy 2.9 acres each.  Access is via a private access road, Waldo Lane, which runs north from CR 66.  The surrounding area is characterized by other Conservation Developments, large acreage homes and agricultural uses. 

 

This application meets the requirements of the Land Use Code, has adequate infrastructure to the site and no adverse comments or issues have been raised.  The single appeal to the Code for utilities is supported by the Development Services Team with the understanding that no above ground utilities will extend further north than currently exist.  No needed full connectivity has been identified resulting in only an emergency access easement to be platted to the north of the lot.  The application meets the requirements for a Conservation Development.

 

The Development Services Team and Larimer County Planning Commission recommends Approval of the Northfield Conservation Development Preliminary Plat, File # 10-S2997, and Appeal to Section 8.14.4.D. subject to the following conditions:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Northfield Conservation Development Preliminary Plat, File # 10-S2997, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Northfield Conservation Development Preliminary Plat.

 

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   The applicant shall be required to install a second cistern devoted to fire protection on site.  Residential fire sprinklers are not required.  The cisterns shall be managed through an agreement between the property owners; the agreement shall be reviewed and approved by the County as a part of the Final Plat.

 

4.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.   Type 3 CDOT guardrails shall be installed on the bridge over the canal on the access road. 

 

7.   Above ground utilities shall not be extended north of the existing home on the Residual Lot. 

 

8.   The applicant shall modify the plat to reflect the following changes:

§  The northeast corner of the site affected by flooding shall be contained in an unbuildable outlot.

§  There shall be a 40 foot wide emergency access easement shown to the north through Lot 2 to the northern boundary of the development.

§  The 80 foot turnaround for the fire department shall be shown.

§  The location and easements for both fire cisterns shall be shown.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 3-0.

 

2.         AMENDED PLAT OF LOTS 3 AND 4, BLOCK 15, WEST HIAWATHA HEIGHTS SUBDIVISION AND PARTIAL SHAGWA DRIVE RIGHT OF WAY VACATION:  This is a request to amend the plat of West Hiawatha Heights to combine Lots 3 and 4, Block 15, into one lot and vacate a portion of the original platted right of way of Shagwa Drive to the south of the subject property.  Shagwa Drive is also an existing road to the north of the property boundary and will not be affected by this application, only the northern 9 feet of the unused original platted right of way to the south of property is being vacated. 

 

This project was heard by the Board of County Commissioners on December 6, 2010. At that time, the Board tabled the request indicating concerns that the neighboring properties to the south may not have adequate access.  The applicant and neighboring property owners to the south were not in attendance at the hearing.  At the hearing one adjacent neighbor, Ray Belcher, suggested a change to the request.  His suggestion was to retain a portion of right of way for about 25 to 30 feet in the southwest corner of 376 Shagwa Drive.

 

On December 10, 2010, staff spoke to the property owners to the south, Bill Schoser, and Treena Milano.  Both owners affirmed that they understood the request and the situation for access on their properties; they affirmed that they had no objections to the request, and that the proposed access to the properties seemed adequate. 

 

Staff also visited the site on December 14, 2010, and observed the access and topography of the area. After the visit, staff’s conclusions remain the same:  The proposed amended plat to combine Lots 3 and 4, Block 15, West Hiawatha Heights into one lot and vacate a portion of the original platted right of way of Shagwa Drive to the south of the subject property will not adversely affect any neighboring properties or any County agency.  The amended plat and right of way vacation will not result in any additional lots and staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the amended plat of Lots 3 and 4, Block 15, West Hiawatha Heights Subdivision and partial Shagwa Drive right of way vacation, File #10-S3001, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by July 11, 2011, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department and the Assessor’s Office.

 

Ms. Stauffer explained that this item was tabled previously to allow staff and the applicant more time to contact the affect property owners to the south of this lot.  Ms. Stauffer did contact the owners and none of them voiced concerns regarding the right of way vacation.  Richard Harrison, the applicant, explained his intentions to build a garage on the site as well as his intent to work with staff and the surrounding owners should a problem arise in the future. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Amended Plat of Lots 3 and 4, Block 15, West Hiawatha Heights Subdivision and partial Shagwa Drive Right of Way Vacation, File #10-S3001, subject to the conditions as listed above and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature.

 

Motion carried 3-0.

 

There being no further business, the hearing recessed at 4:10 p.m.

 

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were:  Rob Helmick, Planning Department; Jeff Goodell, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

Chair Donnelly opened the hearing and asked for public comment on the County Budget, and Land Use Code.  Fara Mawhinney spoke in support of Randy Pope and asked that the Board reconsider the revocation of the Pope Special Review due to the financial hardships placed on the family.  Chair Donnelly thanked Ms. Mawhinney for her statements and closed public comment.

 

1.         ORGANIC SOLUTIONS SPECIAL REVIEW, FILE #10-Z1812:   This is a request for approval of a Special Review for a medical marijuana dispensary and an appeal to the distance/separation requirement from a single family residence.  This application was discussed by the Larimer County Planning Commission at their November 17, 2010, meeting.  The notice area was over 1000 feet from the site and included a large part of the Victoria Estates and Colland Center subdivisions.  A large number of those neighbors were present at the hearing as well as individuals from other nearby subdivisions including Bruns Estates.  The majority of those individuals were opposed to the application for a variety of reasons; including proximity, negative influence on the neighborhood, property values and a general opposition to medical marijuana.  The Development Services Team’s recommendation to the Larimer County Planning Commission was for approval based on the technical analysis that the use could be compatible and the requested appeal to separation was reasonable given the orientation of the use to the transportation network and the neighborhoods. 

 

Conversely, the recommendation from the Larimer County Planning Commission is for denial finding the site and use incompatible and the appeal for separation unreasonable.  The Larimer County Planning Commission did find the applicant to be credible and the proposal and presentation very professional but that did not overcome the concerns with compatibility. 

 

The recommendation of the Development Services Team, based on the comments of the Larimer County Planning Commission, has changed is now consistent with the action of the Larimer County Planning Commission with recommendation for denial.

 

Chair Donnelly opened the hearing to public comment and James Hinojos, the applicant, addressed the Board.  Mr. Hinojos reviewed his business plan, proposed security measures, and the role that medical marijuana plays in the community.  Discussion ensued regarding the distance measurement discrepancies between County and State regulations, property values, and the overall character of the neighborhood.  Mr. Hinojos outlined the areas of concern addressed during the previous Planning Commission hearing, including a brief discussion of the bus stops, both city and school district, and law enforcement in the area, with whom he had made prior contact.

 

Several neighbors and members of the public spoke in opposition to Mr. Hinojos’ application stating their concerns regarding adverse impacts to property values, and numerous safety and security concerns including poor law enforcement response time in the area. 

 

Several individuals also spoke in support of the application, stating that this type of business provides a needed community service that Mr. Hinojos would manage in the most professional way possible, representing the small business community in Larimer County positively.

 

Chair Donnelly closed public comment and asked Staff to further define the measurements used when determining the 500 foot radius surrounding the site.  Discussion ensued regarding the Long View Farms Open Space, and traffic studies performed along Highway 287. 

 

The Board thanked Mr. Hinojos for his professional presentation and the research he provided, and also acknowledged the concerns expressed regarding the compatibility of the neighborhood.  However, due to the overwhelming opposition to this application, the Board stated they could not support establishing a medical marijuana dispensary at this location.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners deny the Organic Solutions Special Review, File #10-Z1812.

 

Motion carried 3-0.

 

2.         BECKERS STABLE SPECIAL REVIEW, FILE #10-Z1797:   This application is a request for approval of a Special Review for a boarding stable allowing up to 35 horses.  This site is located on the east side of Taft Hill Road, north of Vine Drive, and south of the Poudre River. 

 

The Development Services Team and the Larimer County Planning Commission recommend that the Beckers Stable Special Review, file #10-Z1797, be denied.

 

Chair Donnelly opened the hearing for public comment and Todd Mowrer, Linda Mowrer, and Kathy Doesken spoke in opposition stating that a horse boarding of this size was not not appropriate in this location, and that there was the potential for damage to the water sources and soil at the site.

 

Bruce Connolly and Gene Wilkon spoke in support of the applicants and their proposed plans for improvements, the minimal impacts to the neighborhood, and the Beckers’ professional management of the business.  

 

Chair Donnelly closed public comment and much discussion ensued regarding the recommended number of horses at the property, the support for and against this application, and the possibility of the applicant pursuing “grandfathered” status as a historical horse boarding facility.  Due to the opposition to the application, the Board stated that they could support a special review for 25 horses, but not the 35 horses originally requested.  The Board asked that this item be tabled until February 7, 2011, to allow time for staff to draft conditions of approval.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners table the Beckers Stable Special Review, File #10-Z1797, until Monday, February 7, 2011.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 11:10 p.m.

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 10:30 a.m. with Frank Lancaster, County Manager.  Chair Donnelly presided and Commissioners Gaiter and Johnson were present.  Also present were:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Jim Alderden, Sheriff’s Department; Scott Doyle, Clerk and Recorder’s Office; Myrna Rodenberger, and Irene Josey, Treasurer’s Office; Linda Coxen, District Attorney’s Office; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         RECOGNITION FOR JIM ALDERDEN:   The Board presented Mr. Alderden with a gift and thanked him his twelve years of providing safety and community service for the citizens of Larimer County.

 

2.         PUBLIC COMMENT:   There was no public comment.

 

3.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 3, 2011:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of January 3, 2011.

 

Motion carried 3-0.

 

4.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 17, 2011:   Ms. Hart reviewed the upcoming schedule with the Board.

 

5.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as outlined below:

 

01112011A001           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT #286, REPLACEMENT OF BRIDE No. 7-0.9-68 OVER THE NORTH POUDRE CANAL, BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND MOUNTAIN CONSTRUCTORS, INC.

 

01112011A002           INTERGOVERNMENTAL AGREEMENT FOR LARIMER COUNTY YOUTH CONSERVATION CORPS ENERGY PROGRAM BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND

 

01112011R001           RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS

01112011R002           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A UTILITY EASEMENT IN THE EAST MULBERRY SUBDIVISION, LOT 15A

 

01112011R003           FINDINGS AND RESOLUTION APPROVING THE HOME TO HEAVEN MINOR SPECIAL REVIEW

 

01112011R004           FINDINGS AND RESOLUTION APPROVING THE FREEMAN FEE APPEAL

 

01112011R005           FINDINGS AND RESOLUTION DENYING THE MATTOCH APPEAL

 

01112011R006           FINDINGS AND RESOLUTION APPROVING THE EMGE/WHITAKER AMENDED RURAL LAND USE PLAN AND AMENDED PLAT OF LOT 1 AND RESIDUAL LOT A

 

01112011R007           FINDINGS AND RESOLUTION APPROVING THE BOWSER APPEAL

 

01112011R008           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE REGARDING SIGNS

 

MISCELLANEOUS:   8th Judicial District SB94 Fiscal Management and Employer Proposal

 

Motion carried 3-0.

 

6.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster requested direction on additional signage for Kings Canyon Highway, and the Board agreed to have a sign installed that clearly marks the Boyd Gulch drainage way.

 

7.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the past week.

 

8.         LEGAL MATTERS:   Ms. Haag requested that the Board go into Executive Session for the purpose of receiving legal advice.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into Executive Session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Executive Session ended at 11:35 a.m., with no further action taken.

 

 

 

 

                                                                                                                                                           

TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

                                                                                   

Tamara L. Slusher, Deputy County Clerk

 

 

                                                                                   

Gael M. Cookman, Deputy County Clerk